Tipped Employee Protection Act
USA119th CongressHR-2312| House
| Updated: 1/13/2026
Steve Womack
Republican Representative
Arkansas
Cosponsors (6)
Education and Workforce Committee
- Introduced
- In Committee
- On Floor
- Passed Chamber
- Enacted
The "Tipped Employee Protection Act" proposes to significantly revise the definition of a "tipped employee" under the Fair Labor Standards Act of 1938. It eliminates the previous criteria that an employee must be in an occupation customarily receiving tips and removes the specific $30 monthly tip threshold. Under the amended definition, an individual qualifies as a tipped employee if their total earnings from tips, combined with the employer's direct cash wage, are equal to or greater than the federal minimum wage. This determination is made "without regard to the duties of the employee," thereby broadening the scope of who can be classified as tipped. Employers are also granted flexibility to determine the period over which this combined wage is calculated, choosing from options such as daily, weekly, bi-weekly, per pay period, or monthly.
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Timeline
Introduced in House
Referred to the House Committee on Education and Workforce.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
Placed on the Union Calendar, Calendar No. 366.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
Considered under the provisions of rule H. Res. 988.
Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
DEBATE - The House proceeded with one hour of debate on H.R. 2312.
The previous question was ordered pursuant to the rule.
Ms. Budzinski moved to recommit to the Committee on Education and Workforce.
Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2312, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Ms. Budzinski demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H694)
Considered as unfinished business.
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
View VotePOSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
Labor and Employment
Labor standardsWages and earnings
Tipped Employee Protection Act
USA119th CongressHR-2312| House
| Updated: 1/13/2026
The "Tipped Employee Protection Act" proposes to significantly revise the definition of a "tipped employee" under the Fair Labor Standards Act of 1938. It eliminates the previous criteria that an employee must be in an occupation customarily receiving tips and removes the specific $30 monthly tip threshold. Under the amended definition, an individual qualifies as a tipped employee if their total earnings from tips, combined with the employer's direct cash wage, are equal to or greater than the federal minimum wage. This determination is made "without regard to the duties of the employee," thereby broadening the scope of who can be classified as tipped. Employers are also granted flexibility to determine the period over which this combined wage is calculated, choosing from options such as daily, weekly, bi-weekly, per pay period, or monthly.
Suggested Questions
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
Referred to the House Committee on Education and Workforce.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
Placed on the Union Calendar, Calendar No. 366.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
Considered under the provisions of rule H. Res. 988.
Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
DEBATE - The House proceeded with one hour of debate on H.R. 2312.
The previous question was ordered pursuant to the rule.
Ms. Budzinski moved to recommit to the Committee on Education and Workforce.
Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2312, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Ms. Budzinski demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H694)
Considered as unfinished business.
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
View VotePOSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
Steve Womack
Republican Representative
Arkansas
Cosponsors (6)
Education and Workforce Committee
Labor and Employment
- Introduced
- In Committee
- On Floor
- Passed Chamber
- Enacted
Labor standardsWages and earnings